Coun­cil­lor dragged to court

The Manica Post - - The Weekender - Luthando Mapepa Chipinge Cor­re­spon­dent

CHIPINGE TOWN COUN­CIL vice chair­per­son Clr Eli­jah Mugidho (MDC Al­liance) was on Wed­nes­day dragged to court for al­legedly de­priv­ing a res­i­dent a stand which he had sold to him.

Hardlife Muhondo dragged Mugidho, who rep­re­sents Ward 7, to Chipinge Mag­is­trate Civil Court, seek­ing his evic­tion from stand num­ber 4443 mid­dle den­sity. Chipinge mag­is­trate Mr Poterai Gwezhira is pre­sid­ing over the mat­ter.

Muhondo said some­time in 2015 he en­tered into agree­ment with Mugidho to buy a stand num­ber 4443 medium den­sity at a cost of $7000.

The coun­cil­lor is now re­fus­ing to va­cate the stand.

“I am pray­ing for an evic­tion or­der of Clr Mugidho from stand num­ber 4443, which I bought from him in 2015.

“I want him to va­cate the stand be­cause I want to de­velop it. I have fin­ished pay­ing the $7000 he quoted me for the stand and an­other $600 in ar­rears owed to coun­cil.

“What is wor­ry­ing me is that he has de­vel­oped my stand. The re­spon­dent is now play­ing tricks de­spite swear­ing be­fore the com­mis­sion of oath that the stand is now mine. Your Wor­ship, af­ter I dis­cov­ered that Mugidho is play­ing tricks, I then went to my stand and built a struc­ture, and as it stands now, the two of us are stay­ing at the same stand,” said Muhondo.

Ac­cord­ing to the agree­ment of sale which this pa­per has in pos­ses­sion, Mugidho con­firmed sell­ing the stand in ques­tion to the ap­pli­cant.

“I Eli­jah Mugidho with ID Num­ber 75-261732 E 13 do swear that I have sold the stand num­ber 4443 medium den­sity, Chipinge, to Hardlife Muhondo, re­sid­ing at ZRP Tri­an­gle. The value of the stand is $7000 (seven thou­sand dol­lars). A de­posit of $5000 has been paid, leav­ing a bal­ance of $2000. The bal­ance shall be paid in $500 monthly in­stal­ments (start­ing the end of) Oc­to­ber 2015,” reads part of the af­fi­davit.

Through his at­tor­ney Mr Lang­ton Mhungu, of Mhungu and As­so­ciates, Mugidho op­posed the ap­pli­ca­tion claim­ing it lacked le­gal ba­sis.

“Your Wor­ship, I am pray­ing that the court dis­misses this ap­pli­ca­tion as it lacks le­gal ba­sis. The ap­pli­cant and re­spon­dent en­tered into agree­ment of sale, not own­er­ship is­sues, hence the re­spon­dent has no right to evict my client. Again my client sold a non-de­vel­oped stand to the ap­pli­cant, but I am sur­prised that he is now claim­ing to own a stand on which a four-roomed house has been de­vel­oped. The ap­pli­cant was given an­other stand by my client, which he has al­ready put wa­ter con­nec­tions and a struc­ture.

‘‘He is now rais­ing a voice af­ter the Depart­ment of Phys­i­cal Plan­ning con­demned his stand. There­fore, your Wor­ship, I am pray­ing that the court to dis­misses the mat­ter,” said Mr Mhungu.

The mat­ter was re­manded to Novem­ber 6 for judge­ment.

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